Common use of Retainers Clause in Contracts

Retainers. Before work begins, a retainer is placed in a COLTAF Trust Account to secure payment of fees. This retainer is not a fee, but is considered a security deposit. No interest is paid to either the client or the attorneys in most situations. At the attorneys' discretion, the retainer may be used to pay your fees or costs; this typically occurs when the client is delinquent in payment of fees or when the case is completed or nearly completed, and the retainer is applied to the last month's bill and/or any outstanding balance for prior months. When all work is completed, the court has approved the withdrawal of our attorneys, and we are certain no further legal work is necessary, any unused retainer is returned to the client. While normally the client pays costs directly, the attorneys may use the retainer to pay costs. You, the client, cannot use your retainer to pay your ongoing legal fees. The client should pay the legal fees and costs each month immediately upon receipt of our billing statement and should keep the full retainer on deposit in our COLTAF Trust Account. The amount of the retainer is set by the attorneys at the beginning of services to assure payment and to protect the law firm from loss. An additional retainer is required six months in advance of trial to cover the estimated costs of trial and preparation for trial. Typical minimum initial retainers are as follows: For Appeals: $25,000.00 to $50,000.00 For Custody & other contested cases: $15,000.00 For large District Court cases: $25,000.00 or more For small District Court cases: $7,500.00 to $15,000.00 For County Court cases: $2,500.00 to $7,500.00 For DUIs: $2,500.00 to $7,500.00 For Municipal Court cases: $2,500.00 For Magistrate Court cases*: $2,500.00 For non-court legal matters: $2,500.00 or more depending on complexity; or $7,500.00 or more for very time-consuming and complex matters.

Retainers. Before work begins, a retainer is placed in a COLTAF Trust Account trust account to secure payment of fees. This retainer is not a fee, but is considered merely a security deposit. No The retainer is placed in a Coltaf Trust Account, and no interest is paid to either the client or to the attorneys in most situations. At the attorneys' discretion, the retainer may discretion it can be used to pay your fees or costs; this typically occurs when where the client is delinquent in payment of fees or when where the case is completed or nearly completed, completed and the retainer is applied to the last month's bill and/or and any outstanding balance for prior months. When all work is completed, completed and the court has approved the withdrawal of our the attorneys, and we are certain that no further legal work is necessarymay be needed, any unused retainer is returned to the client. While normally the client pays costs directly, the attorneys may use the retainer to pay costs. You, the client, cannot use your retainer to pay your ongoing legal fees. The client should pay the legal fees and costs each month immediately upon receipt of our billing statement and should keep the full retainer on deposit in our COLTAF Trust Accountthe trust account. The amount of the retainer is set by the attorneys at the beginning of services to assure payment and to protect the law firm from loss. An additional retainer is required six months in advance of trial to cover the estimated costs of trial and preparation for trial. Typical minimum initial retainers are as follows: For Appeals: $25,000.00 to $50,000.00 For Custody & other contested cases: $15,000.00 For large District Court cases: $25,000.00 or more For small District Court cases: $7,500.00 to $15,000.00 For County Court cases: $2,500.00 to $7,500.00 For DUIs: DUIs $2,500.00 to $7,500.00 For Municipal Court cases: $2,500.00 For Magistrate Court cases*: $2,500.00 For non-court noncourt legal matters: $2,500.00 or more depending on complexity; or $7,500.00 or more for very time-time consuming and complex matters. * "Magistrate Court cases" here refers to minor traffic matters. Domestic and civil cases handled by the Magistrate on behalf of the District and County Court necessitate a District or County Court retainer of $7,500.00 or $2,500.00 respectively, or $15,000.00 for custody matters, and in some cases $25,000.00. However, if a case is particularly complex, a larger retainer may be required either at the beginning of services or later during the case at the attorneys' discretion. If the case is going to trial, the length of trial is estimated and an additional retainer is required in the amount of $2,500.00 for each day or partial day that the trial is estimated to last, plus an additional sum to cover the estimated costs of preparation for trial. The additional retainer must be placed in trust no later than 180 days before trial. Cases in Federal Court require larger retainers than state cases and usually are in the range of $15,000.00 or more. Cases outside of Mesa County normally require a retainer twice that charged for in-county work. AUTHORIZATION AND DIRECTION FOR REFUND OF RETAINER Date: Print Client Name: Upon completion of legal services I hereby direct that any retainer in this matter be refunded to: Print name of person or company to receive refund: Address of person to receive refund: Client's signature authorizing the above transfer: Client's signature authorizing third party (such as family member) to pay retainer and/or fees: If someone other than client pays any part of the retainer, or a company check is used, the below signature of person paying the retainer on behalf of this client authorizes the above transfer and agrees to the terms of this Fee Agreement. The person who puts up the retainer shall be treated as either making a gift or a loan to our client. That person putting up the retainer is subject to the provisions regarding use and return of retainers discussed above. Further, the person putting up the retainer is not considered the client under this Fee Agreement, and has no right to control the course of legal representation. Signature of person (or company) paying retainer authorizing above transfer: Date: Date: COMPANY NAME: Signature of individual putting up retainer Address of person putting up retainer: By: President/General Manager/Trustee/Other: (indicate your title) Address CREDIT CARD AUTHORIZATION □ If any of my monthly bills are not paid by check or cash within 30 days of its due date, then I authorize payment of the bill with the following credit card. □ If I call Xxxx & Xxxxx, PC in order to pay my bill, or email xxxxxxx@xxxxxxx.xxx authorization to pay my bill, I hereby authorize payment of the bill with the following credit card. □ Retainer: I authorize Xxxx & Xxxxx, PC to use my credit card for the Retainer in the amount of $ which will be placed in the COLTAF TRUST ACCOUNT of Xxxx & Xxxxx, PC. Circle one: Master Card VISA Discover Card number: Exact Name as appears on card: Billing Mailing Address for the credit card: Expiration date: 3 digit security number on back of card: Dated this day of , 20 . Credit card authorization: Signature of Client or other person responsible for bill Court, County, Colorado Court Address: Xxxx & Xxxxx, PC Xxxxxxx X. Xxxxx, Esq. #23948 Xxxxxxxxx X. Xxxxxxx, Esq. #45320 Xxxxxx Xxxxx, Esq. #47218 Xxxx Xxxxxx, Esq. #45595 P.O. Box 1981 Grand Junction, CO 81502 Phone: (000) 000-0000 E-mail: Xxxxxxx@Xxxxxxx.xxx FAX: (000) 000-0000 Xxxxxxxxx@Xxxxxxx.xxx Xxxxxx@Xxxxxxx.xxx Xxxx@Xxxxxxx.xxx Case Number: Division: Courtroom: CONSENT TO WITHDRAW I hereby consent to the withdrawal of Xxxx & Xxxxx, PC, Attorneys at Law, and the individual attorneys thereof - Xxxxxxx X. Xxxxx, Xxxxxxxxx X. Xxxxxxx, Xxxxxx Xxxxx, and Xxxx Xxxxxx - at such time as they may withdraw from my case for whatever reason, and release the law firm and the attorneys thereof from further responsibility for my case from and after the time of filing of this withdrawal. I request that the Court grant the Motion to Xxxxxxxx filed along with this Consent.

Retainers. Before work begins, a retainer is placed in a COLTAF Trust Account trust account to secure payment of fees. This retainer is not a fee, but is considered merely a security deposit. No The retainer is placed in a Coltaf Trust Account, and no interest is paid to either the client or to the attorneys in most situations. At the attorneys' discretion, the retainer may discretion it can be used to pay your fees or costs; this typically occurs when where the client is delinquent in payment of fees or when where the case is completed or nearly completed, completed and the retainer is applied to the last month's bill and/or and any outstanding balance for prior months. When all work is completed, completed and the court has approved the withdrawal of our the attorneys, and we are certain that no further legal work is necessarymay be needed, any unused retainer is returned to the client. While normally the client pays costs directly, the attorneys may use the retainer to pay costs. You, the client, cannot use your retainer to pay your ongoing legal fees. The client should pay the legal fees and costs each month immediately upon receipt of our billing statement and should keep the full retainer on deposit in our COLTAF Trust Accountthe trust account. The amount of the retainer is set by the attorneys at the beginning of services to assure payment and to protect the law firm from loss. An additional retainer is required six months in advance of trial to cover the estimated costs of trial and preparation for trial. Typical minimum initial retainers are as follows: For Appeals: $25,000.00 to $50,000.00 For Custody & other contested cases: $15,000.00 For large District Court cases: $25,000.00 or more For small District Court cases: $7,500.00 to $15,000.00 For County Court cases: $2,500.00 to $7,500.00 For DUIs: DUIs $2,500.00 to $7,500.00 For Municipal Court cases: $2,500.00 For Magistrate Court cases*: $2,500.00 For non-court noncourt legal matters: $2,500.00 or more depending on complexity; or $7,500.00 or more for very time-time consuming and complex matters. * "Magistrate Court cases" here refers to minor traffic matters. Domestic and civil cases handled by the Magistrate on behalf of the District and County Court necessitate a District or County Court retainer of $7,500.00 or $2,500.00 respectively, or $15,000.00 for custody matters, and in some cases $25,000.00. However, if a case is particularly complex, a larger retainer may be required either at the beginning of services or later during the case at the attorneys' discretion. If the case is going to trial, the length of trial is estimated and an additional retainer is required in the amount of $2,500.00 for each day or partial day that the trial is estimated to last, plus an additional sum to cover the estimated costs of preparation for trial. The additional retainer must be placed in trust no later than 180 days before trial. Cases in Federal Court require larger retainers than state cases and usually are in the range of $15,000.00 or more. Cases outside of Mesa County normally require a retainer twice that charged for in-county work. AUTHORIZATION AND DIRECTION FOR REFUND OF RETAINER Date: Print Client Name: Upon completion of legal services I hereby direct that any retainer in this matter be refunded to: Print name of person or company to receive refund: Address of person to receive refund: Client's signature authorizing the above transfer: Client's signature authorizing third party (such as family member) to pay retainer and/or fees: If someone other than client pays any part of the retainer, or a company check is used, the below signature of person paying the retainer on behalf of this client authorizes the above transfer and agrees to the terms of this Fee Agreement. The person who puts up the retainer shall be treated as either making a gift or a loan to our client. That person putting up the retainer is subject to the provisions regarding use and return of retainers discussed above. Further, the person putting up the retainer is not considered the client under this Fee Agreement, and has no right to control the course of legal representation. Signature of person (or company) paying retainer authorizing above transfer: Date: Date: COMPANY NAME: Signature of individual putting up retainer Address of person putting up retainer: By: President/General Manager/Trustee/Other: (indicate your title) Address CREDIT CARD AUTHORIZATION □ If any of my monthly bills are not paid by check or cash within 30 days of its due date, then I authorize payment of the bill with the following credit card. □ If I call Xxxx & Xxxxx, PC in order to pay my bill, or email xxxxxxx@xxxxxxx.xxx authorization to pay my bill, I hereby authorize payment of the bill with the following credit card. □ Retainer: I authorize Xxxx & Xxxxx, PC to use my credit card for the Retainer in the amount of $ which will be placed in the COLTAF TRUST ACCOUNT of Xxxx & Xxxxx, PC. Circle one: Master Card VISA Discover Card number: Exact Name as appears on card: Billing Mailing Address for the credit card: Expiration date: 3 digit security number on back of card: Dated this day of , 20 . Credit card authorization: Signature of Client or other person responsible for bill Court, County, Colorado Court Address: Xxxx & Xxxxx, PC Xxxxxxx X. Xxxx, Esq., #8642 Xxxxxxx X. Xxxxx, Esq. #23948 Xxxxxxxxx X. Xxxxxxx, Esq. #45320 Xxxxxx Xxxxx, Esq. #47218 P.O. Box 1981 Grand Junction, CO 81502 Phone: (000) 000-0000 E-mail: Xxxx@Xxxxxxx.xxx FAX: (000) 000-0000 Xxxxxxx@Xxxxxxx.xxx Xxxxxxxxx@Xxxxxxx.xxx Xxxxxx@Xxxxxxx.xxx Case Number: Division: Courtroom: CONSENT TO WITHDRAW I hereby consent to the withdrawal of Xxxx & Xxxxx, PC, Attorneys at Law, and the individual attorneys thereof - Xxxxxxx X. Xxxx, Xxxxxxx X. Xxxxx, Xxxxxxxxx X. Xxxxxxx, Xxxxxx Xxxxx, and Xxxx Xxxxxx - at such time as they may withdraw from my case for whatever reason, and release the law firm and the attorneys thereof from further responsibility for my case from and after the time of filing of this withdrawal. I request that the Court grant the Motion to Xxxxxxxx filed along with this Consent.